Saporito v. City of New York

The order should be reversed and a new trial granted, with costs to abide the event, upon the ground that the exclusion from the evidence of photographs offered by defendant-appellant constituted reversible error. A sufficient foundation was laid for the introduction of exhibit B for identification in the testimony of the witness, James Maiella, who testified that it correctly showed the condition of the pavement at the time of the accident on May 28, 1958, at the place where plaintiff’s witness, Tozzeo, testified that there was a hole which was alleged to have thrown defendant Platt’s…